Tarachand Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21178 of 2020 Arising Out of PS. Case No.-94 Year-2019 Thana- RANIGANJ District- Araria ====================================================== Tarachand Sharma, Son of Gonar Sharma, Resident of Village - Parihari, Ward No- 15, P.S.- Raniganj, District - Araria, Presently residing at village - Thekpura, Ward No.- 11, P.S.- Raniganj, District - Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Kumar Singh, Advocate For the Opposite Party/s :
Mr. P.K. Chaurasia, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-06-2020 In view of the submission and undertaking of Mr Kundan Kumar Singh, learned counsel for the petitioner, at the time of hearing of this application through Video Conferencing that he would remove the defect(s), as pointed out by the office, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly. Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner is accused in connection with Raniganj P.S. Case No. 94 of 2019, registered under Sections 341, 323, 324, 307, 354(B), 379, 427, 504 and 506 of the Indian Penal Code.
The accusation is that due to land dispute, four
Patna High Court CR. MISC. No.21178 of 2020(2) dt.29-06-2020 2/3 persons named in the FIR including the petitioner came near the informant, Anita Devi, in the day of 05.03.2019 and asked to remove the hut. On protest, all started to remove the hut and also started to cause assault her through fist and slaps. At that time, Promod Sharma and Subodh Sharma started to cause assault through lathi and stick, in which, she fell down. When her brother-in-law, Balboha Kumar, came to save her then Tarachand Sharma (petitioner) gave Dabia blow causing injury at his head. Thereafter, Promod Sharma and Subodh Sharma torn her blouze and snatched her ornaments. When her husband rushed to save her then he was also assaulted.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case due to land dispute making allegation against the petitioner is to cause injury at the head of Balboha Kumar, brother-in-law of the informant through Dabia. It is further submitted that petitioner has no criminal antecedent and is in custody since 10.12.2019 and on investigation, charge sheet has already been submitted against the petitioner.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten
Patna High Court CR. MISC. No.21178 of 2020(2) dt.29-06-2020 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria, in connection with Raniganj P.S. Case No. 94 of 2019. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T